Trahan v. Acadiana Mall of Delaware, L.L.C.

hi agree with the majority that this is a manifest error case. However, unlike the majority, I find that the trial court was clearly wrong in its factual conclusions. Specifically, the trial court erroneously relied on testimony based on supposition in reaching the factual conclusions that the defect causing Mr. Trahan’s injuries was *828open and obvious. The testimony relied op by the trial court is not supported by the evidence.

There are two testimonial versions of this accident: Mr. Trahan’s version and Mr. Thibodeaux’s version. However, ■ Mr. Thibodeaux' did not- witness the accident.

According…